49 U.S.C. § 41706 — Prohibitions against smoking on passenger flights

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 317 words · no verdicts yet

in plain englishAI-generated · not legal advice

Smoking is banned on scheduled passenger flights within the U.S., and on other domestic flights that carry a flight attendant. The Secretary must require the same ban on international flights, though a foreign government can object. E-cigarettes count as smoking under this law.

(a) Smoking Prohibition in Interstate and Intrastate Air Transportation — No one may smoke: (1) on a scheduled passenger flight between or within states; or (2) on a nonscheduled passenger flight between or within states, if the flight has a required flight attendant on board. (b) Smoking Prohibition in Foreign Air Transportation — The Secretary of Transportation must require all carriers to ban smoking: (1) on scheduled international passenger flights; and (2) on nonscheduled international passenger flights that have a required flight attendant. (c) Limitation on Applicability — (1) If a foreign government objects that the ban in (b) improperly applies U.S. law outside the U.S., the Secretary must waive it for that country's carriers, once a replacement rule negotiated under paragraph (2) takes effect. (2) When a foreign government objects this way, the Secretary must negotiate with that government for an alternative smoking ban. (d) Electronic Cigarettes — (1) Using an electronic cigarette counts as "smoking" for this whole section. (2) An "electronic cigarette" is a device that delivers nicotine to the user as an inhaled vapor, meant to simulate the experience of smoking. (e) Regulations — The Secretary must issue whatever regulations are needed to carry out this section.

the actual law source: uscode.house.gov ↗public domain

(a)Smoking Prohibition in Interstate and Intrastate Air Transportation.—

An individual may not smoke—

(1)

in an aircraft in scheduled passenger interstate or intrastate air transportation; or

(2)

in an aircraft in nonscheduled passenger interstate or intrastate air transportation, if a flight attendant is a required crewmember on the aircraft (as determined by the Administrator of the Federal Aviation Administration).

(b)Smoking Prohibition in Foreign Air Transportation.—

The Secretary of Transportation shall require all air carriers and foreign air carriers to prohibit smoking—

(1)

in an aircraft in scheduled passenger foreign air transportation; and

(2)

in an aircraft in nonscheduled passenger foreign air transportation, if a flight attendant is a required crewmember on the aircraft (as determined by the Administrator or a foreign government).

(c)Limitation on Applicability.—

(1)In general.—

If a foreign government objects to the application of subsection (b) on the basis that subsection (b) provides for an extraterritorial application of the laws of the United States, the Secretary shall waive the application of subsection (b) to a foreign air carrier licensed by that foreign government at such time as an alternative prohibition negotiated under paragraph (2) becomes effective and is enforced by the Secretary.

(2)Alternative prohibition.—

If, pursuant to paragraph (1), a foreign government objects to the prohibition under subsection (b), the Secretary shall enter into bilateral negotiations with the objecting foreign government to provide for an alternative smoking prohibition.

(d)Electronic Cigarettes.—

(1)Inclusion.—

The use of an electronic cigarette shall be treated as smoking for purposes of this section.

(2)Electronic cigarette defined.—

In this section, the term “electronic cigarette” means a device that delivers nicotine to a user of the device in the form of a vapor that is inhaled to simulate the experience of smoking.

(e)Regulations.—

The Secretary shall prescribe such regulations as are necessary to carry out this section.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1141; Pub. L. 106–181, title VII, § 708(a), Apr. 5, 2000, 114 Stat. 159; Pub. L. 112–95, title IV, § 401(a), Feb. 14, 2012, 126 Stat. 83; Pub. L. 115–254, div. B, title IV, § 409, Oct. 5, 2018, 132 Stat. 3331.)

history & why it existsrecord from the source credit

1994Enacted · Pub. L. 103-272 · 108 Stat. 1141
2000Amended · Pub. L. 106-181 · 114 Stat. 159
2012Amended · Pub. L. 112-95 · 126 Stat. 83
2018Amended · Pub. L. 115-254 · 132 Stat. 3331

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.

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